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Unlicensed Surveyor--Reloaded 🙂

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(@yswami)
Posts: 948
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> Yswami,

> For any construction or drainage projects, you should review any local ordinances that may govern procedures.

Aloha, Robert: Thanks!
Yes, always! Just recently hired my PLS again to help with drainage design topo work. 🙂 It pays to hire the same person again and again. He was able to utilize his old control points that I preserved for him:-D

 
Posted : April 8, 2015 2:40 pm
(@yswami)
Posts: 948
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Aloha, FL/GA:
Thanks! 🙂

 
Posted : April 8, 2015 2:41 pm
(@stacy-carroll)
Posts: 922
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Yoginatha,

I'll say the same as everyone else, on monastery property, you are fine. If you are building a fence offset from a line establishe by a PLS, you're still good. Common sense doesn't come with the fence materials when you buy them. That has to be supplied by the fence builder. I think you have plenty of that!

Keep on keeping on.

 
Posted : April 8, 2015 3:55 pm
(@i-ben-havin)
Posts: 494
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Aloha,

There are numerous observations I have made over the years to guide me in so far as to what I would ever dare risk admitting to on this site for fear of rules nanny's driving me underground.

1. I would never admit to setting an iron, and refusing to swim/wade back into a snake infested mile deep swamp to correct it after a least squares adjustment found it to be out 0.08'.

2. I would never admit to using even one time a wide band Pac Crest PDL base/rover radio since the new rules came out.

3. I would never admit to not adjusting the bubble on a prism pole, then having used it for 1 whole day to set points.

4. (enough for the time being)

Newest rule:

Thou shalt make sure to advocate only a REGISTERED CERTIFIED PROFESSIONAL LAND SURVEYOR shall have anything to do with causing a fence to be built along a property boundary.

And, boy, in my neck of the woods there sure are lots of outlaws out there doing all kinds of really bad stuff. For instance, many times I have become aware that some outlaw (friend of the owner or a hired hand?) stretched a string line a quarter mile through the woods in order to show where to build a fence. I'm guessing this is not approved by many here, and that they would likely find it to be practicing surveying without a license. Never occurred to me this was illegal. Wow, life is becoming so complicated nowadays. I have no way of knowing, but I'm guessing many of these fellas learned this method from their grand pappy.

As I was pondering re this string business, a thought came to me...What if a surveying instrument was used to guide the line? Surely, this would be taking the situation nuclear! Oh, really? Just try to intellectualize what makes it any different. I'll leave that to the rules nanny's.

So, I'm sure this comment is of absolutely no help to you, but perhaps you can see through the clouds where many of my fellow professionals likely stand but are staying silent.

(ubenhavin?)

 
Posted : April 8, 2015 6:32 pm
(@paden-cash)
Posts: 11088
 

I have a life long and dear friend that just happens to be in charge of the enforcement division of the State Board. We get together at least once a month and, occasionally, the topic of surveying comes to the fore. You really would not believe some of the things the Board investigates.

I can't speak for other states, but in Oklahoma policing the professions of engineering and surveying is an ardent task. There is no short supply of BIG fish to fry. I mean folks that are fraudulently practicing in a profession with no license. And I'm not talking about a friend of a friend using a total station and cogo to calc a straight line. I'm talking about people that are representing themselves as professionals and marketing such to the general public. One schmuck even had a bogus seal and was contracting to redesign a waste-water treatment plant for a small municipality.

The State Board's primary concern is protecting the public. Only then does it look at practices performed by licensed individuals that have been reported as sub-standard. Each and every case the Board has investigated and deemed that corrective action needs to be taken is an expense in both time and budget. I can assure you the Board hardly raises an eyebrow at how unlicensed individuals line up fences. Unless one has a business card or a truck that has the words "Land Surveying" on them.

A technician (or even an amateur) merely using equipment or working on their own property is no more land surveying than helping a co-worker put on a Band-Aid being considered practicing medicine.

mi dos centavos

 
Posted : April 8, 2015 7:03 pm
(@lee-d)
Posts: 2382
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Aloha yswami -

I also look at it this way... anything I do on my own land is only a problem if someone else has a problem with it. The way my land falls, there is only one line that is on usable land - the rest are in wetlands - and that line has been thoroughly surveyed and marked, the last time when the land adjoining mine was purchased, and at the buyer's expense. So he and I are in total agreement about where the line is, based on multiple surveys by licensed professionals that are in agreement.

The surveying that I do on my own land is mainly topographic to determine things like where I need fill dirt and in what quantity and where I may want to put fencing. I could just eyeball that stuff, or pull a tape off house corners, but I have better means at my disposal. The photo below is my property, all the lines except the north line are either across the street or in the swamp.

 
Posted : April 9, 2015 4:45 am
(@scottysantafe)
Posts: 62
Registered
 

Yswami,

Thanks for the thought provoking post. From what you've posted, you are not doing anything illegal or even wrong, but is what you're doing the BEST way? Cross fencing your property is your business and no one else's, but boundary fences erected at or near the boundary line hold some legal weight. How much weight? It varies state to state. Every boundary is like a coin in that it has two sides. As other posters have advised, one side is the ad joiner's rights. You are preserving the ad joiner's rights by offsetting the fence line into your property for a 'fudge factor'. The other side of the coin is your rights. Are you opening yourself to adverse claims along a sliver of your property (the offset)? Maybe or maybe not. In my neck of the woods, dirt is expensive. I don't want to open a potential claim for even a sliver of my property. In my opinion, the best way to protect both sides is to hire a competent professional to stake your line and to build your fence on the line.
My 2 cents.

 
Posted : April 9, 2015 6:28 am
(@yswami)
Posts: 948
Registered
Topic starter
 

> Aloha,
>
> There are numerous observations I have made over the years to guide me in so far as to what I would ever dare risk admitting to on this site for fear of rules nanny's driving me underground.
>
> 1. I would never admit to setting an iron, and refusing to swim/wade back into a snake infested mile deep swamp to correct it after a least squares adjustment found it to be out 0.08'.
>
> 2. I would never admit to using even one time a wide band Pac Crest PDL base/rover radio since the new rules came out.
>
> 3. I would never admit to not adjusting the bubble on a prism pole, then having used it for 1 whole day to set points.
>
> 4. (enough for the time being)
>
> Newest rule:
>
> Thou shalt make sure to advocate only a REGISTERED CERTIFIED PROFESSIONAL LAND SURVEYOR shall have anything to do with causing a fence to be built along a property boundary.
>
> And, boy, in my neck of the woods there sure are lots of outlaws out there doing all kinds of really bad stuff. For instance, many times I have become aware that some outlaw (friend of the owner or a hired hand?) stretched a string line a quarter mile through the woods in order to show where to build a fence. I'm guessing this is not approved by many here, and that they would likely find it to be practicing surveying without a license. Never occurred to me this was illegal. Wow, life is becoming so complicated nowadays. I have no way of knowing, but I'm guessing many of these fellas learned this method from their grand pappy.
>
> As I was pondering re this string business, a thought came to me...What if a surveying instrument was used to guide the line? Surely, this would be taking the situation nuclear! Oh, really? Just try to intellectualize what makes it any different. I'll leave that to the rules nanny's.
>
> So, I'm sure this comment is of absolutely no help to you, but perhaps you can see through the clouds where many of my fellow professionals likely stand but are staying silent.
>
> (ubenhavin?)

Aloha, I. Ben Havin:
Your comments were fun to read!

Aloha

 
Posted : April 9, 2015 6:25 pm
(@yswami)
Posts: 948
Registered
Topic starter
 

> I have a life long and dear friend that just happens to be in charge of the enforcement division of the State Board. We get together at least once a month and, occasionally, the topic of surveying comes to the fore. You really would not believe some of the things the Board investigates.
>
> I can't speak for other states, but in Oklahoma policing the professions of engineering and surveying is an ardent task. There is no short supply of BIG fish to fry. I mean folks that are fraudulently practicing in a profession with no license. And I'm not talking about a friend of a friend using a total station and cogo to calc a straight line. I'm talking about people that are representing themselves as professionals and marketing such to the general public. One schmuck even had a bogus seal and was contracting to redesign a waste-water treatment plant for a small municipality.
>
> The State Board's primary concern is protecting the public. Only then does it look at practices performed by licensed individuals that have been reported as sub-standard. Each and every case the Board has investigated and deemed that corrective action needs to be taken is an expense in both time and budget. I can assure you the Board hardly raises an eyebrow at how unlicensed individuals line up fences. Unless one has a business card or a truck that has the words "Land Surveying" on them.
>
> A technician (or even an amateur) merely using equipment or working on their own property is no more land surveying than helping a co-worker put on a Band-Aid being considered practicing medicine.
>
> mi dos centavos

Aloha, Uncle Paden:
Had to look up what mi dos centavo means 🙂

Thank you for clarifying further with your additional thoughts.

Wow! Bogus seal! I can see why many are so concerned...due to much abuse by unlicensed individual trying to do business without the qualification.

I can assure you that I don't have a business card 😀

A little digression to your another favorite subject...
http://www.gizmag.com/top100-worlds-most-expensive-motorcycles/31958/
Thought you might enjoy this link.

Did you know every time I see a motorcycle article your Avatars on this forum and you always come to my mind?

Thank you Uncle Paden!

 
Posted : April 9, 2015 7:07 pm
(@yswami)
Posts: 948
Registered
Topic starter
 

> Yoginatha,
>
> I'll say the same as everyone else, on monastery property, you are fine. If you are building a fence offset from a line establishe by a PLS, you're still good. Common sense doesn't come with the fence materials when you buy them. That has to be supplied by the fence builder. I think you have plenty of that!
>
> Keep on keeping on.

Aloha, Stacy: Thank you for your input! Aloha

 
Posted : April 9, 2015 7:08 pm
(@yswami)
Posts: 948
Registered
Topic starter
 

> Aloha yswami -
>
> I also look at it this way... anything I do on my own land is only a problem if someone else has a problem with it. The way my land falls, there is only one line that is on usable land - the rest are in wetlands - and that line has been thoroughly surveyed and marked, the last time when the land adjoining mine was purchased, and at the buyer's expense. So he and I are in total agreement about where the line is, based on multiple surveys by licensed professionals that are in agreement.
>
> The surveying that I do on my own land is mainly topographic to determine things like where I need fill dirt and in what quantity and where I may want to put fencing. I could just eyeball that stuff, or pull a tape off house corners, but I have better means at my disposal. The photo below is my property, all the lines except the north line are either across the street or in the swamp.
>
Aloha, Lee:
Thank you for the additional input.

Two thirds of our boundary lines were shared with State so no issues there. The rest is with five neighbors that we are in a very good terms.
My PLS had pretty much survey half the neighborhood to finally determine the boundary lines. 70% of the monuments were destroyed over the years. The resurvey pretty much fall within the lines what we all thought our properties end. My PLS simply verified it and reestablished the corners officially.

Looks like you have pretty nice parcel there!

Aloha and thanks again for sharing your thoughts Lee!

 
Posted : April 9, 2015 7:15 pm
(@paden-cash)
Posts: 11088
 

swami

Thanks for the link!

There are 1361 pictures of classic motorcycles on that site...I better put on a pot of coffee, this might take a while. 😉

 
Posted : April 9, 2015 7:20 pm
(@yswami)
Posts: 948
Registered
Topic starter
 

> Yswami,
>
> Thanks for the thought provoking post. From what you've posted, you are not doing anything illegal or even wrong, but is what you're doing the BEST way? Cross fencing your property is your business and no one else's, but boundary fences erected at or near the boundary line hold some legal weight. How much weight? It varies state to state. Every boundary is like a coin in that it has two sides. As other posters have advised, one side is the ad joiner's rights. You are preserving the ad joiner's rights by offsetting the fence line into your property for a 'fudge factor'. The other side of the coin is your rights. Are you opening yourself to adverse claims along a sliver of your property (the offset)? Maybe or maybe not. In my neck of the woods, dirt is expensive. I don't want to open a potential claim for even a sliver of my property. In my opinion, the best way to protect both sides is to hire a competent professional to stake your line and to build your fence on the line.
> My 2 cents.

Aloha, Scotty:

Thank you for chiming in.

Fortunately, we have great neighbors and we share good portion of our property line with the state land. I cannot claim adverse possession from state but the state can condemn what ever they want, when they like it:-D

It is small island with very tight community. A sliver of land may not worth fighting for. We are almost like an extended family with our neighbors. We love them and they love us! We share vegetables and fruits etc. when in season with each other for an example. We lookout for each others' interest.

All the neighbor were happy for one thing they didn't have to pay for this expensive survey. One said he will build the fence and will cover the labor and material. Most of our fences are simple hog wire, t-post with wood post in between.

Another neighbor offer to put in the labor and ask we if can share the cost which we happily did. Yet another one said, "put the fence where you like. You can see the spirit here. Of course we place the fence on the line per the survey we did and our neighbor was simply very happy that we did the survey.

We just felt very strong about preserving our good relationshipS even if we have to set our fence 0.5 ft or so into our property.

The one line about 1000' which I set the offset was a long the county road. I offset it about 1' from the actual boundary line with my total station. I was comfortable doing it. However, some of posts in the earlier threads got me a bit concerned if I am doing something against the law. Regardless, I will speak with my PLS to see what are his thought as well.

Thanks again for sharing your thoughts. Aloha

 
Posted : April 9, 2015 7:38 pm
 NYLS
(@nyls)
Posts: 189
Registered
 

two cents worth...I have not read all the posts so excuse me if this has already been mentioned. If you are putting up a fence and your local zoning law says the fence has to been "x" distance from the property line, I believe that the fence would have to be staked out by the licensed professional in order to get your permit from the governing authority.

 
Posted : April 10, 2015 9:10 am
(@yswami)
Posts: 948
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Topic starter
 

> two cents worth...I have not read all the posts so excuse me if this has already been mentioned. If you are putting up a fence and your local zoning law says the fence has to been "x" distance from the property line, I believe that the fence would have to be staked out by the licensed professional in order to get your permit from the governing authority.

Aloha, NYLS:

Thanks! The local zoning law for fencing only kicks in if the fence higher than 4' at least in our county.

Thanks!

 
Posted : April 10, 2015 9:17 am
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